In an infringement suit over the trademark OFLOX, the Court observed that defendants ceased using the mark prior to the suit. Consequently, damages were not awarded due to uncertainty of loss. The suit was decreed in terms of the prayers for declaration and injunction.
Damages claimed in Rs. 1 lakh rejected; suit decreed regarding non-damages prayers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
s2929-02
1
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.2929 OF 2002
Cipla Limited ....Plaintiff V/s.
Sun Generics & Anr. ....Defendants
Mr.Manish Saurashtri i/b Shantilal & Co. for the Plaintiff.
Mr.Ashutosh Khandeparkar for Defendant Nos.1 and 2.
CORAM : S.J. VAZIFDAR, J. DATE : 29TH JULY, 2011.
P.C. :-
in chief. He also tenders a compilation of the documents. The same is taken on record and marked Exhibit “A” collectively.
do not wish to cross-examine the witness. in view of the fact that the defendants do not want to contest the matter except as to the claim for damages.
2
s2929-02
any mark deceptively similar thereto in future. The statements are accepted.
1 issue framed by the court
Whether the suit claim for damages should be granted when defendants voluntarily ceased using the allegedly infringing mark before the suit was filed.
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
